On February 12, 2024, video game developer Epic Games, Inc. (“Epic”), and pop choreographer Kyle Hanagami (“Hanagami”) agreed to dismiss with prejudice a 2022 lawsuit accusing Epic of ripping off Hanagami’s dance moves for use in Epic’s popular video game “Fortnite.” The U.S. District Court for the Central District of California dismissed the lawsuit, finding […]
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NFTs: Are They Securities?
This is the second in a two-part series on the current status of NFTs. The first Insight in the series discusses the evolving, less sensational but more functional approach to the use of NFTs. In part two of the series we explore whether an NFT is a security and, if so, the additional scrutiny and […]
Read moreNFTs: Where Are We Now?
This is the first in a two-part series on the current status of NFTs. The second Insight in the series will discuss the issue of whether NFTs are securities subject U.S. securities laws. In 2021 Art Basel Miami Beach attracted more than 250 international galleries across 36 countries and territories and showcased artworks across all […]
Read moreCompilations v. Individual Copyright Registrations of Photographs
This post is the sixth in a series on Copyright and Photography. Read the first post here, the second post here, the third post here, the fourth post here, and the fifth post here. The Copyright Office (“Office”) registration process for photographs is both cost effective and relatively uncomplicated, while offering a number of forms to address various objectives. […]
Read moreThe Writers Guild of America Strike, the Creative Industry and Artificial Intelligence
Copyright Law
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Entertainment, Culture and the Arts
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Privacy, Artificial Intelligence and Cybersecurity
Update: On June 4, 2023, the Directors Guild of America (“DGA”) and the Alliance of Motion Picture and Television Producers (“AMPTP”) reached a tentative agreement, with ratification scheduled for June 6. AMPTP and the DGA have agreed that AI is not a person and therefore cannot be used to replace the duties performed by DGA […]
Read moreInternet Archive’s Open Library and Copyright Law: Third Addendum
This post is an update. Read the original post here, the first addendum here and the second addendum here. Throughout 2020, Lutzker & Lutzker published multiple insights relating to the copyright dispute between Internet Archive and four major publishing companies — Hachette Book Group Inc., HarperCollins Publishers LLC, John Wiley & Sons Inc. and Penguin […]
Read moreCopyright in AI-Generated Artwork: Addendum
Copyright Law
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Entertainment, Culture and the Arts
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Privacy, Artificial Intelligence and Cybersecurity
This post is an update. Read the original post here. In October 2022 we reported that Kristina Kashtanova, a New York-based artist, received a copyright registration for a graphic novel with AI-generated artwork. We wondered whether this meant that the Copyright Office would register works with AI-generated elements if they also identified a human author or […]
Read moreCopyright and the Sale of Teaching Materials Online
Update: On March 2, 2023 TPT was acquired by IXL Learning, a developer of personalized learning programs used by millions of students around the world. Niche platforms like TPT (formerly known as Teachers Pay Teachers), an online marketplace for PreK-12 teachers to share and sell educational materials, have become important resources for the educational community […]
Read moreAndy Warhol and Photographers Take Their Case to the Supreme Court: Third Addendum
This post is an update. Read the original post here, the first addendum here, and the second addendum here. At the beginning of his oral argument before the Supreme Court, Roman Martinez, counsel for the Warhol Foundation, stated: … the stakes for artistic expression in this case are high. A ruling for Goldsmith would strip protection not just […]
Read moreCopyright and Photography: Exceptions and Special Cases
This is the third Insight in a series addressing how photographers can exploit and protect their rights. Read the first post here, the second post here, the fourth post here, the fifth post here and the sixth post here. Previously, we have discussed high-profile, ongoing copyright cases that photographers should be aware of as well as best practices […]
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